Cheque Bounce Cases Should Ordinarily Be Sent To Mediation: Punjab & Haryana High Court Calls For Mediation In NI Act Matters 138 NI Act | Belated Plea Of Forged Signatures Cannot Be Used To Delay Trial: Punjab & Haryana High Court Refuses Handwriting Expert Sections 332 & 333 IPC | Lawful Discharge Of Duty Must Be Proved, Mere Status As Public Servant Not Enough: Allahabad High Court Bus Conductor Accused of Assaulting Traffic Inspectors Custody With Biological Mother Cannot Ordinarily Be Treated As Illegal Detention: Delhi High Court Refuses Habeas Corpus For Return Of Child To Canada Foreign Custody Orders Must Yield To Welfare Of Child: Delhi High Court Refuses To Enforce Canadian Return Order Through Habeas Corpus Possible Criminal Racket Luring Young Girls Through Self-Proclaimed Peers And Tantriks Must Be Examined: J&K High Court Orders Wider Judicial Scrutiny Nomenclature Cannot Determine Constitutional Entitlement: Supreme Court Strikes Down Exclusion Of ‘Academic Arrangement’ Employees From Regularisation Testimony Of Related Witnesses Cannot Be Discarded Merely For Relationship: Supreme Court Upholds Murder Conviction 149 IPC | Presence In Unlawful Assembly Is Enough For Murder Liability”: Supreme Court Upholds Conviction Directly Recruited Engineers Entitled To Seniority From Date Of Initial Appointment Including Training Period: Supreme Court Section 32 Evidence Act | If There Is Even An Iota Of Suspicion, Dying Declaration Cannot Sustain Conviction: Supreme Court Framing A Case On Public Perceptions And Personal Predilections Ends Up In A Mess: Supreme Court Upholds Acquittal In Alleged Parricide Arson Case When Oppression Petition Is Pending, Courts Must Ensure The Subject Matter Does Not Disappear Before Adjudication: Supreme Court Orders Status Quo In ₹1000 Crore Redevelopment Dispute Parties Cannot Participate In Arbitration And Later Challenge The Process Only After An Unfavourable Outcome : Supreme Court ICSID Clause Is Only A Fail-Safe Mechanism, Not A Restriction: Supreme Court Upholds Arbitral Tribunal’s Constitution In MCGM Dispute Passive Euthanasia | 'Right To Die With Dignity Is An Intrinsic Facet Of Article 21': Supreme Court Permits Withdrawal Of Life Support Medical Board Must Record Reasons Before Denying Disability Pension To Armed Forces Personnel: Kerala High Court Grants Disability Pension To Air Force Corporal 138 NI Act | Directors Cannot Be Prosecuted If Company Is Not Made Accused: Allahabad High Court Quashes Cheque Bounce Cases Broad Daylight Removal of Goods by Known Creditors Is Not Theft: Andhra Pradesh High Court Rejects Shopkeeper’s Insurance Claim Reservation Cannot Freeze Private Land Forever – Lapse Under Section 127 MRTP Act Operates Automatically: Bombay High Court Dismisses PIL Transfer On Marriage Cannot Defeat Helper’s First Right To Promotion: Himachal Pradesh High Court Upholds Anganwadi Helper’s Promotion Where Accusations Are Prima Facie True, Statutory Bar Under Section 43D(5) UAPA Operates; Bail Cannot Be Granted: Jharkhand High Court Bomb Hurled At Head Of Victim Shows Clear Intention To Kill: Kerala High Court Upholds Life Sentence In Kannur Political Murder Case Registrar Has No Power To Cancel Registered Sale Deeds: Madras High Court Reaffirms Civil Court’s Exclusive Jurisdiction MP High Court Refuses to Quash FIR Against Principal of Sacred Heart Convent High School in Forced Conversion Case Employees Of Registered Societies Cannot Claim Article 311 Protection: Delhi High Court Clarifies Limits Of Constitutional Safeguards In Private Employment

ACCUSED RELEASED ON DEFAULT BAIL U/S 167(2) CR.P.C. CAN BE CANCELLED ON STRONG GROUNDS: SUPREME COURT

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Supreme Court clarified the interpretation of bail granted on default under Section 167(2) of the Code of Criminal Procedure (Cr.P.C.) and paved the way for the cancellation of such bail on merits. The bench, comprising Justices M.R. Shah and C.T. Ravikumar, emphasized that bail granted on default does not assume the same character as bail granted on merits under Sections 437(1) and (2) or Section 439(1) of the Cr.P.C.

Supreme court observed, "The release of the accused on default bail under Section 167(2) Cr.P.C. is not on merits, but on the failure of the investigating agency in completing the investigation and filing the chargesheet within the stipulated time prescribed therein." It further clarified that every person released on bail under Section 167(2) of the Cr.P.C. is deemed to be released under Chapter XXXIII for procedural purposes only, and the bail order cannot be cancelled based solely on the filing of the chargesheet.

However, the court emphasized that once a chargesheet is filed and a strong case is made out from its contents, bail granted on default can be cancelled on merits. The court highlighted the need for special reasons and strong grounds to establish the commission of a non-bailable offense from the chargesheet. It referred to Sections 437(5) and 439(2) of the Cr.P.C. as the relevant provisions for considering the cancellation of bail on merits.

The ruling struck a balance between protecting personal liberty and serving the interests of justice. It recognized that denying the courts the power to examine the merits of a case after an accused is released on default bail could lead to a situation where illegality and dishonesty are rewarded. The court held that the administration of justice required the courts to have the power to cancel bail and evaluate the gravity of the offense committed by the accused.

Consequently, the Supreme Court set aside the lower court's decision dismissing the application for cancellation of bail filed by the Central Bureau of Investigation (C.B.I.) under Section 439(2) of the Cr.P.C. The case was remitted to the High Court of Telangana at Hyderabad for fresh consideration of the application on merits.

The judgment referred to several relevant legal provisions, including Section 167(2) of the Cr.P.C., as well as Sections 437(1), 437(2), 439(1), 437(5), and 439(2) of the Cr.P.C. It also relied on previous cases such as Aslam Babalal Desai v. State of Maharashtra, Raghubir Singh v. State of Bihar, and Rajnikant Jivanlal Patel v. Intelligence Officer, NCB, New Delhi.

This ruling by the Supreme Court provides clarity on the bail process and ensures that bail granted on default is subject to cancellation on merits, based on strong grounds established from the chargesheet. It sets a precedent for considering the interests of justice while balancing the rights of the accused and the need for a fair trial.

 

Date of Decision: January 16, 2023

The State Through Central Bureau of Investigation  vs Gangi Reddy @ Yerra Gangi Reddy 

 

Latest Legal News